S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7422

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced  by  M.  of  A.  PAULIN, PHEFFER, COOK, DenDEKKER, SCHROEDER,
  STIRPE, ABBATE, CASTRO, COLTON, EDDINGTON, FIELDS,  GABRYSZAK,  GALEF,
  GUNTHER,  HOOPER, JAFFEE, KOON, MARKEY, SPANO, TITONE, TOWNS -- Multi-
  Sponsored by -- M. of A. BRADLEY, CHRISTENSEN, DESTITO,  HYER-SPENCER,
  LUPARDO,  McENENY,  MENG,  WEISENBERG -- read once and referred to the
  Committee on Veterans' Affairs

AN ACT to amend the real property  tax law, in  relation  to  increasing
  the tax exemption for Cold War veterans and cooperative apartments and
  property held in trust for the benefit of a veteran

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (g) of subdivision 1 of section 458-b of the real
property tax law, as added by chapter  655  of  the  laws  of  2007,  is
amended to read as follows:
  (g) ["Latest state equalization rate" means the latest final equaliza-
tion  rate  established by the state board pursuant to article twelve of
this chapter.] "LATEST STATE EQUALIZATION RATE" MEANS THE  LATEST  FINAL
STATE  EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED BY THE
STATE BOARD PURSUANT TO ARTICLE TWELVE OF THIS CHAPTER. THE STATE  BOARD
SHALL  ESTABLISH  A SPECIAL EQUALIZATION RATE IF IT FINDS THAT THERE HAS
BEEN A MATERIAL CHANGE IN THE LEVEL OF ASSESSMENT SINCE  THE  ESTABLISH-
MENT  OF  THE LATEST STATE EQUALIZATION RATE, BUT IN NO EVENT SHALL SUCH
SPECIAL EQUALIZATION RATE EXCEED ONE HUNDRED.  IN  THE  EVENT  THAT  THE
STATE EQUALIZATION RATE EXCEEDS ONE HUNDRED, THEN THE STATE EQUALIZATION
RATE  SHALL  BE  ONE  HUNDRED  FOR THE PURPOSES OF THIS SECTION. WHERE A
SPECIAL EQUALIZATION RATE IS ESTABLISHED FOR PURPOSES OF  THIS  SECTION,
THE ASSESSOR IS DIRECTED AND AUTHORIZED TO RECOMPUTE THE COLD WAR VETER-
ANS  EXEMPTION ON THE ASSESSMENT ROLL BY APPLYING SUCH SPECIAL EQUALIZA-
TION RATE INSTEAD OF THE LATEST STATE EQUALIZATION RATE APPLIED  IN  THE
PREVIOUS  YEAR AND TO MAKE THE APPROPRIATE CORRECTIONS ON THE ASSESSMENT
ROLL, NOTWITHSTANDING THE  FACT  THAT  SUCH  ASSESSOR  MAY  RECEIVE  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-02-9
              

A. 7422                             2

SPECIAL  EQUALIZATION RATE AFTER THE COMPLETION, VERIFICATION AND FILING
OF SUCH FINAL ASSESSMENT ROLL. IN THE EVENT THAT THE ASSESSOR  DOES  NOT
HAVE  CUSTODY  OF  THE ROLL WHEN SUCH RECOMPUTATION IS ACCOMPLISHED, THE
ASSESSOR  SHALL  CERTIFY SUCH RECOMPUTATION TO THE LOCAL OFFICERS HAVING
CUSTODY AND CONTROL OF SUCH ROLL, AND SUCH  LOCAL  OFFICERS  ARE  HEREBY
DIRECTED  AND  AUTHORIZED  TO  ENTER  THE  RECOMPUTED  COLD WAR VETERANS
EXEMPTION CERTIFIED BY THE ASSESSOR ON SUCH ROLL.
  S 2.  Subdivisions 2, 3, 4 and 4-a of section 458-b of the real  prop-
erty  tax  law, subdivisions 2 and 3 as added by chapter 655 of the laws
of 2007 and subparagraph (iv) of paragraph  (c)  of  subdivision  2  and
subdivision  4  as  amended and subdivision 4-a as added by chapter 6 of
the laws of 2008, are amended to read as follows:
  2. (a) Each county, city, town or village may adopt  a  local  law  to
provide  that  qualifying residential real property shall be exempt from
taxation to the extent of either: (i) ten percent of the assessed  value
of such property; provided however, that such exemption shall not exceed
eight  thousand  dollars or the product of eight thousand dollars multi-
plied by the latest state equalization rate of the assessing  unit,  or,
in  the case of a special assessing unit, the latest class ratio, which-
ever is less or; (ii) fifteen percent of  the  assessed  value  of  such
property;  provided however, that such exemption shall not exceed twelve
thousand dollars or the product of twelve thousand dollars multiplied by
the latest state equalization rate [of] FOR the assessing unit,  or,  in
the  case of a special assessing unit, the latest class ratio, whichever
is less.
  (b) In addition to the exemption provided by  paragraph  (a)  of  this
subdivision,  where  the Cold War veteran received a compensation rating
from the United States  veterans  affairs  or  from  the  United  States
department  of defense because of a service connected disability, quali-
fying residential real property shall be exempt  from  taxation  to  the
extent of the product of the assessed value of such property, multiplied
by  fifty  percent  of the Cold War veteran disability rating; provided,
however, that such exemption shall not exceed forty thousand dollars, or
the product of forty thousand dollars multiplied  by  the  latest  state
equalization  rate  for the assessing unit, or, in the case of a special
assessing unit, the latest class ratio, whichever is less.
  (c) Limitations. (i) The exemption  from  taxation  provided  by  this
subdivision shall be applicable to county, city, town, and village taxa-
tion, but shall not be applicable to taxes levied for school purposes.
  (ii)  If  a Cold War veteran receives the exemption under section four
hundred fifty-eight or four hundred fifty-eight-a  of  this  title,  the
Cold  War  veteran  shall not be eligible to receive the exemption under
this section.
  (iii) Each county, city, town, or village may adopt  a  local  law  to
reduce  the maximum exemption allowable in subparagraphs (i) and (ii) of
paragraph (a) of this subdivision and the exemption allowable  in  para-
graph  (b)  of  this  subdivision to six thousand dollars, nine thousand
dollars and thirty  thousand  dollars,  respectively  or  four  thousand
dollars, six thousand dollars and twenty thousand dollars, respectively.
  (iv) The exemption provided by paragraph (a) of this subdivision shall
be  granted for a period of ten years. The commencement of such ten year
period shall be governed pursuant to this subparagraph. Where  a  quali-
fied  owner  owns  qualifying residential real property on the effective
date of the local law providing for such exemption, such ten year period
shall be measured from the assessment  roll  prepared  pursuant  to  the
first  taxable  status  date occurring on or after the effective date of

A. 7422                             3

the local law providing for such exemption. Where a qualified owner does
not own qualifying residential real property on the  effective  date  of
the  local  law providing for such exemption, such ten year period shall
be  measured  from  the  assessment  roll prepared pursuant to the first
taxable status date occurring at least sixty  days  after  the  date  of
purchase  of  qualifying  residential  real property; provided, however,
that should the veteran apply for and be granted  an  exemption  on  the
assessment  roll  prepared  pursuant  to a taxable status date occurring
within sixty days after the date of purchase of residential real proper-
ty, such ten year period shall be measured  from  the  first  assessment
roll  in  which  the exemption occurs. If, before the expiration of such
ten year period, such exempt property is sold and  replaced  with  other
residential  real  property,  such  exemption may be granted pursuant to
this subdivision for the unexpired portion of  the  ten  year  exemption
period.    EACH  COUNTY,  CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW TO
REDUCE THE MAXIMUM EXEMPTION ALLOWABLE IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION TO SIX THOUSAND DOLLARS, NINE THOUSAND  DOLLARS  AND  THIRTY
THOUSAND  DOLLARS,  RESPECTIVELY, OR FOUR THOUSAND DOLLARS, SIX THOUSAND
DOLLARS AND TWENTY THOUSAND DOLLARS, RESPECTIVELY.  EACH  COUNTY,  CITY,
TOWN, OR VILLAGE IS ALSO AUTHORIZED TO ADOPT A LOCAL LAW TO INCREASE THE
MAXIMUM  EXEMPTION  ALLOWABLE IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION TO TEN THOUSAND DOLLARS, FIFTEEN THOUSAND DOLLARS AND  FIFTY  THOU-
SAND  DOLLARS,  RESPECTIVELY; TWELVE THOUSAND DOLLARS, EIGHTEEN THOUSAND
DOLLARS AND SIXTY  THOUSAND  DOLLARS,  RESPECTIVELY;  FOURTEEN  THOUSAND
DOLLARS,  TWENTY-ONE  THOUSAND  DOLLARS  AND  SEVENTY  THOUSAND DOLLARS,
RESPECTIVELY; SIXTEEN THOUSAND DOLLARS, TWENTY-FOUR THOUSAND DOLLARS AND
EIGHTY THOUSAND DOLLARS, RESPECTIVELY; EIGHTEEN THOUSAND DOLLARS,  TWEN-
TY-SEVEN  THOUSAND  DOLLARS  AND  NINETY THOUSAND DOLLARS, RESPECTIVELY;
TWENTY THOUSAND DOLLARS, THIRTY THOUSAND DOLLARS AND ONE  HUNDRED  THOU-
SAND  DOLLARS,  RESPECTIVELY;  TWENTY-TWO THOUSAND DOLLARS, THIRTY-THREE
THOUSAND DOLLARS AND ONE HUNDRED  TEN  THOUSAND  DOLLARS,  RESPECTIVELY;
TWENTY-FOUR  THOUSAND  DOLLARS,  THIRTY-SIX  THOUSAND  DOLLARS  AND  ONE
HUNDRED TWENTY THOUSAND DOLLARS, RESPECTIVELY. IN  ADDITION,  A  COUNTY,
CITY,  TOWN  OR  VILLAGE  WHICH IS A "HIGH-APPRECIATION MUNICIPALITY" AS
DEFINED IN THIS SUBPARAGRAPH IS AUTHORIZED  TO  ADOPT  A  LOCAL  LAW  TO
INCREASE  THE  MAXIMUM  EXEMPTION ALLOWABLE IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION TO TWENTY-SIX THOUSAND  DOLLARS,  THIRTY-NINE  THOUSAND
DOLLARS   AND   ONE   HUNDRED  THIRTY  THOUSAND  DOLLARS,  RESPECTIVELY;
TWENTY-EIGHT  THOUSAND  DOLLARS,  FORTY-TWO  THOUSAND  DOLLARS  AND  ONE
HUNDRED  FORTY  THOUSAND DOLLARS, RESPECTIVELY; THIRTY THOUSAND DOLLARS,
FORTY-FIVE THOUSAND DOLLARS AND  ONE  HUNDRED  FIFTY  THOUSAND  DOLLARS,
RESPECTIVELY;  THIRTY-TWO THOUSAND DOLLARS, FORTY-EIGHT THOUSAND DOLLARS
AND ONE HUNDRED SIXTY THOUSAND DOLLARS, RESPECTIVELY; THIRTY-FOUR  THOU-
SAND  DOLLARS,  FIFTY-ONE THOUSAND DOLLARS AND ONE HUNDRED SEVENTY THOU-
SAND DOLLARS,  RESPECTIVELY;  THIRTY-SIX  THOUSAND  DOLLARS,  FIFTY-FOUR
THOUSAND  DOLLARS AND ONE HUNDRED EIGHTY THOUSAND DOLLARS, RESPECTIVELY.
FOR PURPOSES OF THIS SUBPARAGRAPH,  A  "HIGH-APPRECIATION  MUNICIPALITY"
MEANS:  (A)  A  SPECIAL  ASSESSING UNIT THAT IS A CITY, (B) A COUNTY FOR
WHICH THE STATE BOARD HAS ESTABLISHED A SALES PRICE DIFFERENTIAL  FACTOR
FOR  PURPOSES  OF  THE STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
TWENTY-FIVE OF THIS TITLE IN THREE CONSECUTIVE YEARS, AND  (C)  A  CITY,
TOWN OR VILLAGE WHICH IS WHOLLY OR PARTLY LOCATED WITHIN SUCH A COUNTY.
  3. [Notwithstanding the foregoing provisions of this section, no later
than  ninety  days  before  the taxable status date next occurring on or
after the thirty-first of December, two thousand seven, after  a  public
hearing,  the  governing  body of any county, city, town, or village may

A. 7422                             4

adopt a local law to provide that the exemption shall be granted  pursu-
ant  to  this  section for the purposes of taxes levied for such county,
city, town, or village. For the purposes of a county  which  is  not  an
assessing  unit,  the taxable status date occurring on or after December
thirty-first, two thousand seven shall mean the first such tax roll  for
which the county taxes are levied.
  4.]  Application  for  exemption shall be made by the owner, or all of
the owners, of the property on a form prescribed by the state board. The
owner or owners shall file the completed form in the  assessor's  office
on  or  before  the first appropriate taxable status date. The exemption
shall continue in full force and effect for all  appropriate  subsequent
tax  years and the owner or owners of the property shall not be required
to refile each year. Applicants shall be required to refile on or before
the appropriate taxable status date  if  the  percentage  of  disability
percentage  increases  or  decreases or may refile if other changes have
occurred which affect qualification for an increased or decreased amount
of exemption. Any applicant convicted  of  willfully  making  any  false
statement  in the application for such exemption shall be subject to the
penalties prescribed in the penal law.
  [4-a.] 4. Notwithstanding the provisions of this section or any  other
provision  of law, in a city having a population of one million or more,
applications for the exemption authorized pursuant to this section shall
be considered timely filed if they are filed on or before the  fifteenth
day of March of the appropriate year.
  S  3.  Section 458-b of the real property tax law is amended by adding
three new subdivisions 6, 7 and 8 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROVISIONS  OF  THIS  SECTION  SHALL  APPLY TO ANY REAL PROPERTY HELD IN
TRUST SOLELY FOR THE BENEFIT OF A PERSON OR PERSONS WHO WOULD  OTHERWISE
BE ELIGIBLE FOR A REAL PROPERTY TAX EXEMPTION, PURSUANT TO THIS SECTION,
WERE SUCH PERSON OR PERSONS THE OWNER OR OWNERS OF SUCH REAL PROPERTY.
  7.  (A) FOR THE PURPOSES OF THIS SECTION, TITLE TO THE PORTION OF REAL
PROPERTY OWNED  BY  A  COOPERATIVE  APARTMENT  CORPORATION  IN  WHICH  A
TENANT-STOCKHOLDER  OF SUCH CORPORATION RESIDES AND WHICH IS REPRESENTED
BY HIS OR HER SHARE OR SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED
BY ITS OR THEIR PROPORTIONAL RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK
OF THE CORPORATION, INCLUDING THAT OWNED BY THE  CORPORATION,  SHALL  BE
DEEMED TO BE VESTED IN SUCH TENANT-STOCKHOLDER.
  (B)  PROVIDED  THAT ALL OTHER ELIGIBILITY CRITERIA OF THIS SECTION ARE
MET, THAT PROPORTION OF THE ASSESSMENT OF SUCH REAL PROPERTY OWNED BY  A
COOPERATIVE APARTMENT CORPORATION DETERMINED BY THE RELATIONSHIP OF SUCH
REAL  PROPERTY  VESTED  IN SUCH TENANT-STOCKHOLDER TO SUCH REAL PROPERTY
OWNED  BY  SUCH  COOPERATIVE  APARTMENT  CORPORATION   IN   WHICH   SUCH
TENANT-STOCKHOLDER  RESIDES  SHALL BE SUBJECT TO EXEMPTION FROM TAXATION
PURSUANT TO THIS SECTION AND ANY EXEMPTION SO GRANTED SHALL BE  CREDITED
BY  THE  APPROPRIATE  TAXING AUTHORITY AGAINST THE ASSESSED VALUATION OF
SUCH REAL PROPERTY; THE REDUCTION IN REAL PROPERTY TAXES REALIZED THERE-
BY SHALL BE CREDITED BY THE COOPERATIVE  APARTMENT  CORPORATION  AGAINST
THE  AMOUNT  OF  SUCH  TAXES  OTHERWISE PAYABLE BY OR CHARGEABLE TO SUCH
TENANT-STOCKHOLDER.
  (C)   NOTWITHSTANDING   PARAGRAPH   (B)   OF   THIS   SUBDIVISION,   A
TENANT-STOCK-HOLDER  WHO  RESIDES  IN  A DWELLING THAT IS SUBJECT TO THE
PROVISIONS OF EITHER ARTICLE TWO, FOUR, FIVE OR ELEVEN  OF  THE  PRIVATE
HOUSING  FINANCE  LAW SHALL NOT BE ELIGIBLE FOR AN EXEMPTION PURSUANT TO
THIS SECTION.

A. 7422                             5

  (D) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION,  REAL  PROPERTY
OWNED  BY A COOPERATIVE CORPORATION MAY BE EXEMPT FROM TAXATION PURSUANT
TO THIS SECTION BY A MUNICIPALITY IN WHICH SUCH PROPERTY IS LOCATED ONLY
IF THE GOVERNING BODY OF SUCH MUNICIPALITY, AFTER PUBLIC HEARING, ADOPTS
A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  8.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AFFECT, ALTER OR IN
ANY WAY IMPAIR ANY OTHER EXEMPTION OR BENEFIT AVAILABLE PURSUANT TO THIS
CHAPTER.
  S 4. This act shall take effect January 2, 2010, and  shall  apply  to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such date.